La balance et le caducée : l’enseignement du droit dans les écoles de rhétorique à Rome durant la République et l’Empire

The rhetoric, discipline of Greek origin, imposed itself in Rome from the middle of the 2nd century BC. Rhetorical studies quickly become the "royal" path for any young Roman wishing to occupy a prestigious position. In particular, training in public speaking makes it possible to enter the...

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Bibliographic Details
Main Author: Ralph Evêque
Format: Article
Language:fra
Published: Université Jean Moulin - Lyon 3 2018-12-01
Series:Cahiers Jean Moulin
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Online Access:https://journals.openedition.org/cjm/626
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Summary:The rhetoric, discipline of Greek origin, imposed itself in Rome from the middle of the 2nd century BC. Rhetorical studies quickly become the "royal" path for any young Roman wishing to occupy a prestigious position. In particular, training in public speaking makes it possible to enter the imperial administration as a civil servant and to become a lawyer (advocatus). These burdens imply - especially for the second - evolving in the world of law and one would logically expect that the studies of rhetoric that lead to these functions would greatly contribute to the study of legal science. However, it appears at first sight that the law is absent from the rhetorician's classes and that teaching focuses essentially on mastering language. If it is surprising to make such an observation, it is nevertheless possible to put forward explanations to this apparent paradox. In Rome, the function of lawyer is very different from ours: the advocatus is mainly a judicial orator who is only to defend his client by means of his mastery of public speaking while the lawyer assists the latter in the shadows. However, if the sources are examined more closely, it becomes clear that the teaching of rhetoric is not completely empty of legal knowledge. If he cannot be qualified as a jurisconsult, the Roman orator, once out of the class of the master of rhetoric, has a sufficient mastery of legal science to be qualified as member of the law's world.
ISSN:2553-9221